Unit 1 Flashcards
What is the need for law?
Law is everywhere, government represents Canadians needs and wants through law
What’s the big idea
Law is reflective of society it serves, as mindsets change, so do laws
Eg, divorce laws, abortions laws, reforming rehabilitation (prison), charter of rights
Rule?
Not enforced by court, won’t you arrested or charged. You can opt out of rules.
Eg, curfew w parents be moving to uni
Law?
You cannot opt out/change laws
Eg, speeding on a highway
Punishments for breaking laws?
Paying a fine, compensating for damages, prison/jailtimes
What is the rule of law
3 part principals of justice
1.Individuals must accept law to regulate society.
2. Law applies equally to everyone, including people in power
3. Nobody can take our rights away apart from in accordance of the law, no unrestricted use/abuse of power
Morality?
What society decides as good and bad
Eg, capital punishment (death penalty) Canada believes it’s immoral
What is justice
Justice has varied from age to age (eg Ancient Greece), ideas of justice originate from moral conviction, values, attitudes, and beliefs all fluid.
Characteristics of justice
- Treat like cases alike and different cases different. (each case has different motives)
- We consider law unjust if it discriminates in the basis of irrelevant characteristics (denied from 18+ movie bc of eye colour, irrelevant)
3.justice should be impartial; that is, laws should be applied regardless of a persons position or financial status. (Eg DV for celeb vs normal) - We expect the law itself to be just in that it conforms to societies values and beliefs
What’s the code of Hammurabi?
Earliest known set of written laws, created by king Hammurabi of Babylon in 1754 bce
What is code of Hammurabi known for?
Promoting retributive justice, concept of eye for an eye, and codification and introducing the idea of proportional justice
What is class distinctions?
Punished were applied based on social status of offender, eg noblement punished more harsh then commoner
Which law had the greatest influence on Canadian law?
British law, all the different trial types were influenced from britain
What is trial by ordeal?
When a judge is not able to come to a verdict the accused goes under torture. If you survive you are innocent by the will of god. Only used when penalty is death
What is trial by oath?
For less serious charges, offenders swear on bible of innocence, if complied they were free. Communities feared god.
Trial by combat?
2 parties engage in a dual, presumed gods on the innocents side
Adversial system?
Trial by combat led to the same idea instead people would hire stronger people to dual, this led to lawyers today.
Who created laws?
William the conquerer
Divine right?
Belief that monarchs are above the law because god put them in that position.
Feudal system? What is it today and the problems w it?
William created the feudal system, a land ownership system which divided England into parcels of land and pu a nobleman in charge of each part.
Today this is represented by provinces.
Each nobleman could do what they wanted w ppl,land, animals etc. essentially make whatever laws they wanted, led to complaints.
Case/common law
Created travelling courts to instill justice and fairness. Recorded cases along with the decisions. Common law was common to all.
Stare descisis
Stand by the desicison, looks at past and follows precedence, developed into rule of precedent.
Legal reforms
Created juries
Magna Carta
Signed by Henry’s son, forced monarchy to face reality of limited power, no more unrestricted power. Also called great charter.
